HB5429 EngrossedLRB103 39499 CES 69696 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Assisted Living and Shared Housing Act is
5amended by adding Section 21 as follows:
 
6    (210 ILCS 9/21 new)
7    Sec. 21. Establishment plan review; fees.
8    (a) Before commencing construction of new assisted living
9or shared housing establishments or alterations or additions
10to an existing assisted living or shared housing establishment
11involving major construction, as defined by rule by the
12Department, an applicant under this Section shall submit
13architectural drawings and specifications to the Department
14for review and approval. An applicant under this Section shall
15submit architectural drawings and specifications for other
16construction projects for Department review according to
17subsection (b) that shall not be subject to fees under
18subsection (d). Review of drawings and specifications shall be
19conducted by an employee of the Department meeting the
20qualifications established by the Department of Central
21Management Services class specifications for the individual's
22position. Final approval of the drawings and specifications
23for compliance with design and construction standards shall be

 

 

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1obtained from the Department before the proposed alteration,
2addition, or new construction begins. The Department shall
3adopt rules for determining whether a construction,
4alteration, or addition is subject to the submission
5requirements of this Section. The Department shall not review
6a submission under this Section until the required fee, if
7any, has been paid.
8    (b) The Department shall inform an applicant in writing
9within 10 working days after receiving drawings,
10specifications, and the required fee, if any, from the
11applicant whether the applicant's submission is complete or
12incomplete. Failure to provide the applicant with this notice
13within 10 working days shall result in the submission being
14deemed complete for purposes of initiating the 45 calendar day
15review period under this Section. If the submission is
16incomplete, the Department shall inform the applicant of the
17deficiencies with the submission in writing. If the submission
18is complete and the required fee, if any, has been paid, the
19Department shall approve or disapprove drawings and
20specifications submitted to the Department no later than 45
21calendar days following receipt by the Department. The
22drawings and specifications shall be of sufficient detail, as
23provided by Department rule, to enable the Department to
24render a determination of compliance with design and
25construction standards under this Act. If the Department finds
26that the drawings are not of sufficient detail for it to render

 

 

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1a determination of compliance, the plans shall be determined
2to be incomplete and shall not be considered for purposes of
3initiating the 45 calendar day review period. If a submission
4of drawings and specifications is incomplete, the applicant
5may submit additional information. The 45 calendar day review
6period shall not commence until the Department determines that
7a submission of drawings and specifications is complete or the
8submission is deemed complete. If the Department has not
9approved or disapproved the drawings and specifications within
1045 calendar days, the construction, major alteration, or
11addition shall be deemed approved. If the drawings and
12specifications are disapproved, the Department shall state in
13writing, with specificity, the reasons for the disapproval.
14The entity submitting the drawings and specifications may
15submit additional information in response to the written
16comments from the Department or request a reconsideration of
17the disapproval. A final decision of approval or disapproval
18shall be made within 30 calendar days of the receipt of the
19additional information or reconsideration request. If denied,
20the Department shall state the specific reasons for the
21denial.
22    (c) The Department shall provide written approval for
23occupancy pursuant to subsection (g).
24    (d) The Department shall charge the following fees in
25connection with its reviews conducted after the effective date
26of this amendatory Act of the 103rd General Assembly under

 

 

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1this Section:
2        (1) If the estimated dollar value of the alteration,
3    addition, or new construction is $99,999.99 or less, no
4    fee is required.
5        (2) If the estimated dollar value of the alteration,
6    addition, or new construction is $100,000 or more but less
7    than $500,000, the fee shall be the greater of $2,400 or
8    1.2% of the estimated dollar value of the alteration,
9    addition, or new construction.
10        (3) If the estimated dollar value of the alteration,
11    addition, or new construction is $500,000 or more but less
12    than $1,000,000, the fee shall be the greater of $6,0000
13    or 0.96% of that value.
14        (4) If the estimated dollar value of the alteration,
15    addition, or new construction is $1,000,000 or more but
16    less than $5,000,000, the fee shall be the greater of
17    $9,600 or 0.22% of the estimated dollar value of the
18    alteration, addition, or new construction.
19        (5) If the estimated dollar value of the alteration,
20    addition, or new construction is $5,000,000 or more, the
21    fee shall be the greater of $11,000 or 0.11% of the
22    estimated dollar value of the alteration, addition, or new
23    construction, but shall not exceed $30,000.
24    The fees provided in this subsection (d) shall not apply
25to major construction projects involving establishment changes
26that are required by an amendment to a Department rule.

 

 

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1    The Department shall not commence the establishment plan
2review process under this Section until the applicable fee has
3been paid.
4    (e) All fees received by the Department under this Section
5shall be deposited into the Health Facility Plan Review Fund,
6a special fund created in the State Treasury. All fees paid by
7establishments under this Section shall be used only to cover
8the costs relating to the Department's review of projects
9listed in this Section. Moneys shall be appropriated from that
10Fund to the Department only to pay the costs of conducting
11reviews under this Section, under Section 3-202.5 of the
12Nursing Home Care Act, Section 3-202.5 of the MC/DD Act, or
13Section 3-202.5 of the ID/DD Community Care Act. None of the
14moneys in the Health Facility Plan Review Fund shall be used to
15reduce the amount of General Revenue Fund moneys appropriated
16to the Department for plan reviews conducted pursuant to this
17Section.
18    (f) The Department shall review the fee structure 3 years
19after the effective date of this amendatory Act of the 103rd
20General Assembly and every 5 years thereafter, and fees shall
21be increased or decreased to maintain the plan review program.
22    (g) The Department shall conduct an on-site inspection of
23the completed project no later than 30 working days after
24notification from the applicant under this Section that the
25project has been completed and all certifications required by
26the Department have been received and accepted by the

 

 

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1Department. The Department shall provide written approval for
2occupancy to the applicant within 10 working days of the
3Department's final inspection, provided the applicant has
4demonstrated substantial compliance as defined by Department
5rule. Occupancy of new major construction is prohibited until
6Department approval is received, unless the Department has not
7acted within the time frames provided in this subsection (g),
8in which case the construction shall be deemed approved.
9Occupancy shall be authorized after any required health
10inspection by the Department has been conducted.
11    (h) The Department shall establish, by rule, a procedure
12to conduct voluntary interim on-site review of large or
13complex construction projects for a fee of $3,000 per interim
14on-site review.
15    (i) The Department shall establish, by rule, an expedited
16process for emergency repairs or replacement of like
17equipment.
18    The establishment shall not be occupied until the
19Department provides written approval for occupancy to the
20owner or operator within 10 business days after the
21Department's final inspection, provided that the owner or
22operator has substantially complied with this Section as
23determined by the Department by rule.
24    (j) Nothing in this Section shall be construed to apply to
25maintenance, upkeep, or renovation that does not affect the
26structural integrity of the building, does not add units or

 

 

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1services over the number for which the establishment is
2licensed, and provides a reasonable degree of safety for the
3residents.
 
4    Section 10. The Nursing Home Care Act is amended by
5changing Section 3-202.5 as follows:
 
6    (210 ILCS 45/3-202.5)
7    Sec. 3-202.5. Facility plan review; fees.
8    (a) Before commencing construction of a new facility or
9specified types of alteration or additions to an existing long
10term care facility involving major construction, as defined by
11rule by the Department, with an estimated cost greater than
12$100,000, architectural drawings and specifications for the
13facility shall be submitted to the Department for review and
14approval. A facility may submit architectural drawings and
15specifications for other construction projects for Department
16review according to subsection (b) that shall not be subject
17to fees under subsection (d). Review of drawings and
18specifications shall be conducted by an employee of the
19Department meeting the qualifications established by the
20Department of Central Management Services class specifications
21for such an individual's position or by a person contracting
22with the Department who meets those class specifications.
23Final approval of the drawings and specifications for
24compliance with design and construction standards shall be

 

 

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1obtained from the Department before the alteration, addition,
2or new construction is begun.
3    (b) The Department shall inform an applicant in writing
4within 10 working days after receiving drawings and
5specifications and the required fee, if any, from the
6applicant whether the applicant's submission is complete or
7incomplete. Failure to provide the applicant with this notice
8within 10 working days shall result in the submission being
9deemed complete for purposes of initiating the 60-day review
10period under this Section. If the submission is incomplete,
11the Department shall inform the applicant of the deficiencies
12with the submission in writing. If the submission is complete
13the required fee, if any, has been paid, the Department shall
14approve or disapprove drawings and specifications submitted to
15the Department no later than 60 days following receipt by the
16Department. The drawings and specifications shall be of
17sufficient detail, as provided by Department rule, to enable
18the Department to render a determination of compliance with
19design and construction standards under this Act. If the
20Department finds that the drawings are not of sufficient
21detail for it to render a determination of compliance, the
22plans shall be determined to be incomplete and shall not be
23considered for purposes of initiating the 60-day review
24period. If a submission of drawings and specifications is
25incomplete, the applicant may submit additional information.
26The 60-day review period shall not commence until the

 

 

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1Department determines that a submission of drawings and
2specifications is complete or the submission is deemed
3complete. If the Department has not approved or disapproved
4the drawings and specifications within 60 days, the
5construction, major alteration, or addition shall be deemed
6approved. If the drawings and specifications are disapproved,
7the Department shall state in writing, with specificity, the
8reasons for the disapproval. The entity submitting the
9drawings and specifications may submit additional information
10in response to the written comments from the Department or
11request a reconsideration of the disapproval. A final decision
12of approval or disapproval shall be made within 45 days of the
13receipt of the additional information or reconsideration
14request. If denied, the Department shall state the specific
15reasons for the denial.
16    (c) The Department shall provide written approval for
17occupancy pursuant to subsection (g) and shall not issue a
18violation to a facility as a result of a licensure or complaint
19survey based upon the facility's physical structure if:
20        (1) the Department reviewed and approved or deemed
21    approved the drawings and specifications for compliance
22    with design and construction standards;
23        (2) the construction, major alteration, or addition
24    was built as submitted;
25        (3) the law or rules have not been amended since the
26    original approval; and

 

 

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1        (4) the conditions at the facility indicate that there
2    is a reasonable degree of safety provided for the
3    residents.
4    (d) The Department shall charge the following fees in
5connection with its reviews conducted before June 30, 2004
6under this Section:
7        (1) (Blank).
8        (2) (Blank).
9        (3) If the estimated dollar value of the alteration,
10    addition, or new construction is $100,000 or more but less
11    than $500,000, the fee shall be the greater of $2,400 or
12    1.2% of that value.
13        (4) If the estimated dollar value of the alteration,
14    addition, or new construction is $500,000 or more but less
15    than $1,000,000, the fee shall be the greater of $6,000 or
16    0.96% of that value.
17        (5) If the estimated dollar value of the alteration,
18    addition, or new construction is $1,000,000 or more but
19    less than $5,000,000, the fee shall be the greater of
20    $9,600 or 0.22% of that value.
21        (6) If the estimated dollar value of the alteration,
22    addition, or new construction is $5,000,000 or more, the
23    fee shall be the greater of $11,000 or 0.11% of that value,
24    but shall not exceed $40,000.
25    The fees provided in this subsection (d) shall not apply
26to major construction projects involving facility changes that

 

 

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1are required by Department rule amendments.
2    The fees provided in this subsection (d) shall also not
3apply to major construction projects if 51% or more of the
4estimated cost of the project is attributed to capital
5equipment. For major construction projects where 51% or more
6of the estimated cost of the project is attributed to capital
7equipment, the Department shall by rule establish a fee that
8is reasonably related to the cost of reviewing the project.
9    The Department shall not commence the facility plan review
10process under this Section until the applicable fee has been
11paid.
12    (e) All fees received by the Department under this Section
13shall be deposited into the Health Facility Plan Review Fund,
14a special fund created in the State Treasury. All fees paid by
15long-term care facilities under subsection (d) shall be used
16only to cover the costs relating to the Department's review of
17long-term care facility projects under this Section. Moneys
18shall be appropriated from that Fund to the Department only to
19pay the costs of conducting reviews under this Section, or
20under Section 3-202.5 of the ID/DD Community Care Act, or
21Section 3-202.5 of the MC/DD Act, or Section 21 of the Assisted
22Living and Shared Housing Act. None of the moneys in the Health
23Facility Plan Review Fund shall be used to reduce the amount of
24General Revenue Fund moneys appropriated to the Department for
25facility plan reviews conducted pursuant to this Section.
26    (f)(1) The provisions of this amendatory Act of 1997

 

 

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1concerning drawings and specifications shall apply only to
2drawings and specifications submitted to the Department on or
3after October 1, 1997.
4    (2) On and after the effective date of this amendatory Act
5of 1997 and before October 1, 1997, an applicant may submit or
6resubmit drawings and specifications to the Department and pay
7the fees provided in subsection (d). If an applicant pays the
8fees provided in subsection (d) under this paragraph (2), the
9provisions of subsection (b) shall apply with regard to those
10drawings and specifications.
11    (g) The Department shall conduct an on-site inspection of
12the completed project no later than 30 days after notification
13from the applicant that the project has been completed and all
14certifications required by the Department have been received
15and accepted by the Department, except that, during a
16statewide public health emergency, as defined in the Illinois
17Emergency Management Agency Act, the Department shall conduct
18an on-site inspection of the completed project to the extent
19feasible. The Department shall provide written approval for
20occupancy to the applicant within 5 working days of the
21Department's final inspection, provided the applicant has
22demonstrated substantial compliance as defined by Department
23rule. Occupancy of new major construction is prohibited until
24Department approval is received, unless the Department has not
25acted within the time frames provided in this subsection (g),
26in which case the construction shall be deemed approved.

 

 

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1Occupancy shall be authorized after any required health
2inspection by the Department has been conducted.
3    (h) The Department shall establish, by rule, a procedure
4to conduct interim on-site review of large or complex
5construction projects.
6    (i) The Department shall establish, by rule, an expedited
7process for emergency repairs or replacement of like
8equipment.
9    (j) Nothing in this Section shall be construed to apply to
10maintenance, upkeep, or renovation that does not affect the
11structural integrity of the building, does not add beds or
12services over the number for which the long-term care facility
13is licensed, and provides a reasonable degree of safety for
14the residents.
15(Source: P.A. 103-1, eff. 4-27-23.)
 
16    Section 15. The MC/DD Act is amended by changing Section
173-202.5 as follows:
 
18    (210 ILCS 46/3-202.5)
19    Sec. 3-202.5. Facility plan review; fees.
20    (a) Before commencing construction of a new facility or
21specified types of alteration or additions to an existing
22facility involving major construction, as defined by rule by
23the Department, with an estimated cost greater than $100,000,
24architectural drawings and specifications for the facility

 

 

HB5429 Engrossed- 14 -LRB103 39499 CES 69696 b

1shall be submitted to the Department for review and approval.
2A facility may submit architectural drawings and
3specifications for other construction projects for Department
4review according to subsection (b) that shall not be subject
5to fees under subsection (d). Review of drawings and
6specifications shall be conducted by an employee of the
7Department meeting the qualifications established by the
8Department of Central Management Services class specifications
9for such an individual's position or by a person contracting
10with the Department who meets those class specifications.
11Final approval of the drawings and specifications for
12compliance with design and construction standards shall be
13obtained from the Department before the alteration, addition,
14or new construction is begun.
15    (b) The Department shall inform an applicant in writing
16within 10 working days after receiving drawings and
17specifications and the required fee, if any, from the
18applicant whether the applicant's submission is complete or
19incomplete. Failure to provide the applicant with this notice
20within 10 working days shall result in the submission being
21deemed complete for purposes of initiating the 60-day review
22period under this Section. If the submission is incomplete,
23the Department shall inform the applicant of the deficiencies
24with the submission in writing. If the submission is complete
25the required fee, if any, has been paid, the Department shall
26approve or disapprove drawings and specifications submitted to

 

 

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1the Department no later than 60 days following receipt by the
2Department. The drawings and specifications shall be of
3sufficient detail, as provided by Department rule, to enable
4the Department to render a determination of compliance with
5design and construction standards under this Act. If the
6Department finds that the drawings are not of sufficient
7detail for it to render a determination of compliance, the
8plans shall be determined to be incomplete and shall not be
9considered for purposes of initiating the 60 day review
10period. If a submission of drawings and specifications is
11incomplete, the applicant may submit additional information.
12The 60 day review period shall not commence until the
13Department determines that a submission of drawings and
14specifications is complete or the submission is deemed
15complete. If the Department has not approved or disapproved
16the drawings and specifications within 60 days, the
17construction, major alteration, or addition shall be deemed
18approved. If the drawings and specifications are disapproved,
19the Department shall state in writing, with specificity, the
20reasons for the disapproval. The entity submitting the
21drawings and specifications may submit additional information
22in response to the written comments from the Department or
23request a reconsideration of the disapproval. A final decision
24of approval or disapproval shall be made within 45 days of the
25receipt of the additional information or reconsideration
26request. If denied, the Department shall state the specific

 

 

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1reasons for the denial.
2    (c) The Department shall provide written approval for
3occupancy pursuant to subsection (g) and shall not issue a
4violation to a facility as a result of a licensure or complaint
5survey based upon the facility's physical structure if:
6        (1) the Department reviewed and approved or deemed
7    approved the drawings and specifications for compliance
8    with design and construction standards;
9        (2) the construction, major alteration, or addition
10    was built as submitted;
11        (3) the law or rules have not been amended since the
12    original approval; and
13        (4) the conditions at the facility indicate that there
14    is a reasonable degree of safety provided for the
15    residents.
16    (d) (Blank).
17    (e) All fees received by the Department under this Section
18shall be deposited into the Health Facility Plan Review Fund,
19a special fund created in the State Treasury. All fees paid by
20facilities under this Section shall be used to cover the costs
21relating to the Department's review of facility projects under
22this Section only. Moneys shall be appropriated from that Fund
23to the Department only to pay the costs of conducting reviews
24under this Section, under Section 3-202.5 of the Nursing Home
25Care Act, under Section 21 of the Assisted Living and Shared
26Housing Act, or under Section 3-202.5 of the ID/DD Community

 

 

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1Care Act. None of the moneys in the Health Facility Plan Review
2Fund shall be used to reduce the amount of General Revenue Fund
3moneys appropriated to the Department for facility plan
4reviews conducted pursuant to this Section.
5    (f) (Blank).
6    (g) The Department shall conduct an on site inspection of
7the completed project no later than 30 days after notification
8from the applicant that the project has been completed and all
9certifications required by the Department have been received
10and accepted by the Department, except that, during a
11statewide public health emergency, as defined in the Illinois
12Emergency Management Agency Act, the Department shall conduct
13an on-site inspection to the extent feasible. The Department
14shall provide written approval for occupancy to the applicant
15within 5 working days of the Department's final inspection,
16provided the applicant has demonstrated substantial compliance
17as defined by Department rule. Occupancy of new major
18construction is prohibited until Department approval is
19received, unless the Department has not acted within the time
20frames provided in this subsection (g), in which case the
21construction shall be deemed approved. Occupancy shall be
22authorized after any required health inspection by the
23Department has been conducted.
24    (h) The Department shall establish, by rule, a procedure
25to conduct interim on site review of large or complex
26construction projects.

 

 

HB5429 Engrossed- 18 -LRB103 39499 CES 69696 b

1    (i) The Department shall establish, by rule, an expedited
2process for emergency repairs or replacement of like
3equipment.
4    (j) Nothing in this Section shall be construed to apply to
5maintenance, upkeep, or renovation that does not affect the
6structural integrity of the building, does not add beds or
7services over the number for which the facility is licensed,
8and provides a reasonable degree of safety for the residents.
9(Source: P.A. 103-1, eff. 4-27-23.)
 
10    Section 20. The ID/DD Community Care Act is amended by
11changing Section 3-202.5 as follows:
 
12    (210 ILCS 47/3-202.5)
13    Sec. 3-202.5. Facility plan review; fees.
14    (a) Before commencing construction of a new facility or
15specified types of alteration or additions to an existing long
16term care facility involving major construction, as defined by
17rule by the Department, with an estimated cost greater than
18$100,000, architectural drawings and specifications for the
19facility shall be submitted to the Department for review and
20approval. A facility may submit architectural drawings and
21specifications for other construction projects for Department
22review according to subsection (b) that shall not be subject
23to fees under subsection (d). Review of drawings and
24specifications shall be conducted by an employee of the

 

 

HB5429 Engrossed- 19 -LRB103 39499 CES 69696 b

1Department meeting the qualifications established by the
2Department of Central Management Services class specifications
3for such an individual's position or by a person contracting
4with the Department who meets those class specifications.
5Final approval of the drawings and specifications for
6compliance with design and construction standards shall be
7obtained from the Department before the alteration, addition,
8or new construction is begun.
9    (b) The Department shall inform an applicant in writing
10within 10 working days after receiving drawings and
11specifications and the required fee, if any, from the
12applicant whether the applicant's submission is complete or
13incomplete. Failure to provide the applicant with this notice
14within 10 working days shall result in the submission being
15deemed complete for purposes of initiating the 60 day review
16period under this Section. If the submission is incomplete,
17the Department shall inform the applicant of the deficiencies
18with the submission in writing. If the submission is complete
19the required fee, if any, has been paid, the Department shall
20approve or disapprove drawings and specifications submitted to
21the Department no later than 60 days following receipt by the
22Department. The drawings and specifications shall be of
23sufficient detail, as provided by Department rule, to enable
24the Department to render a determination of compliance with
25design and construction standards under this Act. If the
26Department finds that the drawings are not of sufficient

 

 

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1detail for it to render a determination of compliance, the
2plans shall be determined to be incomplete and shall not be
3considered for purposes of initiating the 60 day review
4period. If a submission of drawings and specifications is
5incomplete, the applicant may submit additional information.
6The 60 day review period shall not commence until the
7Department determines that a submission of drawings and
8specifications is complete or the submission is deemed
9complete. If the Department has not approved or disapproved
10the drawings and specifications within 60 days, the
11construction, major alteration, or addition shall be deemed
12approved. If the drawings and specifications are disapproved,
13the Department shall state in writing, with specificity, the
14reasons for the disapproval. The entity submitting the
15drawings and specifications may submit additional information
16in response to the written comments from the Department or
17request a reconsideration of the disapproval. A final decision
18of approval or disapproval shall be made within 45 days of the
19receipt of the additional information or reconsideration
20request. If denied, the Department shall state the specific
21reasons for the denial.
22    (c) The Department shall provide written approval for
23occupancy pursuant to subsection (g) and shall not issue a
24violation to a facility as a result of a licensure or complaint
25survey based upon the facility's physical structure if:
26        (1) the Department reviewed and approved or deemed

 

 

HB5429 Engrossed- 21 -LRB103 39499 CES 69696 b

1    approved the drawings and specifications for compliance
2    with design and construction standards;
3        (2) the construction, major alteration, or addition
4    was built as submitted;
5        (3) the law or rules have not been amended since the
6    original approval; and
7        (4) the conditions at the facility indicate that there
8    is a reasonable degree of safety provided for the
9    residents.
10    (d) The Department shall charge the following fees in
11connection with its reviews conducted before June 30, 2004
12under this Section:
13        (1) (Blank).
14        (2) (Blank).
15        (3) If the estimated dollar value of the alteration,
16    addition, or new construction is $100,000 or more but less
17    than $500,000, the fee shall be the greater of $2,400 or
18    1.2% of that value.
19        (4) If the estimated dollar value of the alteration,
20    addition, or new construction is $500,000 or more but less
21    than $1,000,000, the fee shall be the greater of $6,000 or
22    0.96% of that value.
23        (5) If the estimated dollar value of the alteration,
24    addition, or new construction is $1,000,000 or more but
25    less than $5,000,000, the fee shall be the greater of
26    $9,600 or 0.22% of that value.

 

 

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1        (6) If the estimated dollar value of the alteration,
2    addition, or new construction is $5,000,000 or more, the
3    fee shall be the greater of $11,000 or 0.11% of that value,
4    but shall not exceed $40,000. The fees provided in this
5    subsection (d) shall not apply to major construction
6    projects involving facility changes that are required by
7    Department rule amendments. The fees provided in this
8    subsection (d) shall also not apply to major construction
9    projects if 51% or more of the estimated cost of the
10    project is attributed to capital equipment. For major
11    construction projects where 51% or more of the estimated
12    cost of the project is attributed to capital equipment,
13    the Department shall by rule establish a fee that is
14    reasonably related to the cost of reviewing the project.
15    The Department shall not commence the facility plan review
16    process under this Section until the applicable fee has
17    been paid.
18    (e) All fees received by the Department under this Section
19shall be deposited into the Health Facility Plan Review Fund,
20a special fund created in the State Treasury. All fees paid by
21long term care facilities under subsection (d) shall be used
22only to cover the costs relating to the Department's review of
23long term care facility projects under this Section. Moneys
24shall be appropriated from that Fund to the Department only to
25pay the costs of conducting reviews under this Section,
26Section 3-202.5 of the MC/DD Act, Section 21 of the Assisted

 

 

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1Living and Shared Housing Act, or under Section 3-202.5 of the
2Nursing Home Care Act. None of the moneys in the Health
3Facility Plan Review Fund shall be used to reduce the amount of
4General Revenue Fund moneys appropriated to the Department for
5facility plan reviews conducted pursuant to this Section.
6    (f) (Blank).
7    (g) The Department shall conduct an on site inspection of
8the completed project no later than 30 days after notification
9from the applicant that the project has been completed and all
10certifications required by the Department have been received
11and accepted by the Department. The Department shall provide
12written approval for occupancy to the applicant within 5
13working days of the Department's final inspection, provided
14the applicant has demonstrated substantial compliance as
15defined by Department rule. Occupancy of new major
16construction is prohibited until Department approval is
17received, unless the Department has not acted within the time
18frames provided in this subsection (g), in which case the
19construction shall be deemed approved. Occupancy shall be
20authorized after any required health inspection by the
21Department has been conducted.
22    (h) The Department shall establish, by rule, a procedure
23to conduct interim on site review of large or complex
24construction projects.
25    (i) The Department shall establish, by rule, an expedited
26process for emergency repairs or replacement of like

 

 

HB5429 Engrossed- 24 -LRB103 39499 CES 69696 b

1equipment.
2    (j) Nothing in this Section shall be construed to apply to
3maintenance, upkeep, or renovation that does not affect the
4structural integrity of the building, does not add beds or
5services over the number for which the long term care facility
6is licensed, and provides a reasonable degree of safety for
7the residents.
8(Source: P.A. 96-339, eff. 7-1-10.)